Tenant Deposit: Damage Deductions in Poland
The security deposit is a financial guarantee against possible damages or unpaid rent. As a tenant in Poland it is important to know when a landlord may deduct from the deposit, which documents to collect and what timeframes apply to settlement. This article explains practical rules: what counts as damage, when a condition comparison is required, which costs a landlord may deduct, and how to respond if deductions seem unjustified. You will also find steps on how to request a detailed settlement, where to report a dispute and when to consider filing a court case. Information refers to rules in force in Poland[1] and helps prepare documents needed for a complaint.
What can the landlord deduct?
A landlord may deduct only documented costs resulting from damages that exceed normal wear and tear and unpaid rent or charges. Usually a detailed list and invoices are required; repair cost estimates must be proportional to the scope of damage.
- Repair costs for actual damages, if supported by invoices and photos.
- Costs to restore the property when the tenant exceeded normal wear and tear.
- Outstanding rent or charges, if documented.
Documentation in the form of photos and invoices greatly helps to clarify disputes.
How to document damage and raise objections
Take photos before and after moving out, collect invoices and handover protocols. Submit objections in writing, request a detailed statement of deductions and keep copies of correspondence. If the landlord requests repairs without consent, ask for a cost estimate.
- Take detailed photos and note dates, locations and the extent of damage.
- Watch deadlines: the landlord should settle the deposit within a reasonable time after tenancy ends.
- Send complaints and requests for settlement by registered mail or email, keeping proof of delivery.
Always ask for a detailed written list of deductions and copies of invoices.
FAQ
- How long does the landlord have to settle the deposit?
- The law does not set a single fixed deadline, but the settlement should occur within a reasonable time after the tenancy ends; in practice the number of days depends on required expertise and notifications.
- Can the landlord deduct for normal wear and tear?
- No, normal wear and tear from ordinary use should not be deducted from the deposit.
- What to do if deductions seem excessive?
- Request a detailed settlement, attach documentation and, if necessary, file a claim in the district court.
How to
- Document the condition of the property with photos before moving out.
- Ask the landlord for a written statement of deductions and copies of invoices.
- If you receive no response, contact mediation or a local citizen advice office.
- If the dispute is unresolved, prepare documents and file a claim in the district court.
- If the court grants a claim, enforcement is carried out by a bailiff in accordance with the law.
Respond to summons and deadlines, because failing to do so may weaken your procedural position.
Key Takeaways
- Collect photos and invoices at every stage of the tenancy.
- A landlord may deduct only documented costs beyond normal wear and tear.
- Consider mediation first, then the district court if the dispute continues.
